Gujarat High Court
Kanabhai @Pradipbhai Mansingbhai ... vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
7265 of 2026
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KANABHAI @PRADIPBHAI MANSINGBHAI DHANDHAL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. DASHRATH CHAUHAN(2123) for the Applicant(s) No. 1,2,3,4
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 22/05/2026
ORAL ORDER
1. Learned advocate Mr.Kaushal N. Dave submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set-aside the First Information Report No.11190006260269 of 2026 registered with the Ranpur Police Station, District - Botad, for the offences punishable under Sections 115(2), 117(2), 118(2), 189(2), 189(4), 190, 191(3), 351(3), 310(2), 311 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, under Section 135 of the Page 1 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:56 IST 2026 NEUTRAL CITATION R/SCR.A/7265/2026 ORDER DATED: 22/05/2026 undefined Gujarat Police Act, and under Section 25(1-b)(a) of the Arms Act, as well as all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant is virtually present before this Court. Learned advocate Mr. Dave appearing on his behalf has produced his identity proof, which is ordered to be taken on record. The affidavit of the complainant is annexed at Annexure - B to the application. In the said affidavit, the complainant has categorically stated that the dispute between him and the applicants-accused has been amicably resolved. He has further submitted that he has received the entire amount of Rs.46,400/- from the applicants and there is no ill-will or any grievance amongst them.
4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved with the applicants, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Mr. Manan Page 2 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:56 IST 2026 NEUTRAL CITATION R/SCR.A/7265/2026 ORDER DATED: 22/05/2026 undefined Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. Kaushal Dave waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
6. The complainant, who is virtually present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and he has no objection if the application is allowed and the impugned FIR is quashed and set-aside.
7. The relevant paragraphs of the affidavit filed by the complainant - Mustakbhai Rajakbhai Makad, read thus :
"2. I say and submit that petitioners and myself are residing in same area. I say that on account of the settlement arrived at between the Petitioners and me with intervention of the relatives, friends, elderly both community peoples and also locality people of both the sides there remains no dispute between the Petitioners and me and the same has now been resolved. I say that to this effect I have filed an affidavit and requested this Hon'ble Court that I am not interested to proceed further in connection with aforesaid FIR.
5. I respectfully say and submit that I have no any objection on quashing of FIR to the present petitioners and submits my consent for quashing of FIR of the petitioners before this Hon'ble Court.
6. I say and submit that I have no objection if the said petition by way of quashing the FIR by this Hon'ble Court by way of allowing the present application."Page 3 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:56 IST 2026
NEUTRAL CITATION R/SCR.A/7265/2026 ORDER DATED: 22/05/2026 undefined
8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.
9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, reported in (2012) 10 SCC 303, Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central Bureau of Investigation & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant Page 4 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:56 IST 2026 NEUTRAL CITATION R/SCR.A/7265/2026 ORDER DATED: 22/05/2026 undefined thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The proceedings of the First Information Report No.11190006260269 of 2026 registered with the Ranpur Police Station, District - Botad, for the offences punishable under Sections 115(2), 117(2), 118(2), 189(2), 189(4), 190, 191(3), 351(3), 310(2), 311 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, under Section 135 of the Gujarat Police Act, and under Section 25(1-b)(a) of the Arms Act, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set- aside qua the present applicants.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 5 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:56 IST 2026